The petition questions the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, particularly provisions related to the composition of the selection panel and the immunity granted to commissioners. Notices have been issued to enable the respondents to place their stand before the court.
At the heart of the challenge is Parliament’s decision to remove the CJI from the selection committee and replace the position with a Union Cabinet Minister. Under the 2023 law, the panel comprises the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Cabinet Minister nominated by the Prime Minister.
The petitioner, Congress worker Jaya Thakur, has argued that the law undermines the independence of the Election Commission and violates the principle of free and fair elections. The plea contends that granting lifetime immunity from civil and criminal proceedings to Election Commissioners for actions taken in official capacity is excessive and unconstitutional. It notes that even constitutional authorities such as judges do not enjoy such blanket protection.
The case also revisits the Supreme Court’s landmark ruling of March 2, 2023, which had directed that the CEC and ECs be appointed by the President on the recommendation of a committee comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India. The court had said the arrangement would remain in force until Parliament enacted a law on the subject.
The government subsequently passed the new legislation in December 2023 during the Winter Session of Parliament, drawing objections from opposition parties, which accused the Centre of bypassing the spirit of the Supreme Court’s ruling. Critics argue the revised panel structure tilts the balance in favour of the executive.
The issue has seen procedural delays in the past. In December 2025, then CJI Sanjiv Khanna had recused himself from hearing the matter, citing propriety, as the case involved questions relating to the role of the Chief Justice in the selection process.
The Supreme Court’s latest notice signals that the constitutional questions surrounding the independence of the Election Commission will now be examined on merits. The court is expected to hear the matter after responses are filed, a development being closely watched amid continuing political debate over electoral neutrality and institutional safeguards.
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